Sexual Harassment Attorney
Jacksonville, Florida
SEXUAL HARASSMENT RESULTING FROM"QUID PRO QUO" CONDUCT
Sexual harassment exists when sexual considerations are demanded in exchange for job benefits. For example, if a co-worker, supervisor, manager, director or officer of the company you work for states that your job could be easier if you agree to engage in a sexual relationship, or if as a condition to hiring or continued employment, a sexual relationship is required. To bring a claim for this type of sexual harassment there need only be one incident.
SEXUAL HARASSMENT RESULTING FROM A "HOSTILE WORK ENVIRONMENT"
Sexual harassment exists when the harassing conduct unreasonably interferes with your job performance, or creates an intimidating, hostile, or offensive work atmosphere, whether or not the harassment is linked to economic job consequences. For example, if a co-worker, supervisor, manager, director or officer of the company you work for repeatedly asks you out on a date, makes sexual references about you or other individuals, repeatedly touches you in an inappropriate manner or makes suggestions of a sexual nature, you may have a claim for hostile work environment sexual harassment.
REPORTING SEXUAL HARASSMENT:
The most recent law on the issue of reporting sexual harassment states that if there is a company sexual harassment policy, which was distributed to you or easily obtainable by you that discusses what action to take to report sexual harassment, then you are required to report the offending conduct to the supervisor of the harasser, or to your own supervisor. Regardless of whether a policy exists or not, it is the best course of action to report the offending behavior to your supervisor, or the supervisor of the harasser. This prevents the employer from later taking the position that you have no claim because you did not report the sexual harassment. The report of sexual harassment should be made verbally at once, and followed by a written report detailing all incidents of sexual harassment. The written report of sexual harasssment should be sent by certified mail/return-return receipt requested to the supervisor to whom you are making the complaint, as well as the human resources department of the company. The reason for the report is simple. The company in many situations will not be held responsible for sexual harassment unless the company knew or should have known about the sexual harassment. The written sexual harassment report and proof that the company received the report will prevent the company from defending the your claim of sexual harassment by stating that it had no knowledge of the sexual harassment. Of course, if the harasser is the owner of the company, or a high level manager or director, then the report may be over kill, but it is better to be safe than sorry.
PROCEDURES TO PERFECT YOUR SEXUAL HARASSMENT CLAIM
In order to bring a sexual harassment claim against your employer, your employer must have more than 14 employees. If your employer does not have more than 14 employees, you may not file a Charge of Discrimination unless you can show that your employer in the last 21 calendar weeks did employ more than 14 employees. The law says that you must first file a charge of discrimination alleging sexual harassment with the appropriate administrative agency at the state and/or federal level. The Agency you choose will have 180 days to investigate your sexual harassment allegation. After 180 days, the agency will issue a "Right to Sue" letter informing you of whether or not the agency found cause to believe discrimination existed, no cause, or stating the agency was unable to conclude whether discrimination existed. Once the agency issues your "Right to Sue" letter, you may file a sexual harassment lawsuit against your employer.
The best way to approach a sexual harassment case in Florida is to file a charge of discrimination with both the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR), the state agency in Florida. You do not have to file with both agencies. If you chose one agency, it will "dual-file" your sexual harassment claims. In Jacksonville, Florida, you may contact the Jacksonville Human Rights Commission (JHRC) at (904) 630-4911. The FCHR is in Tallahassee and may be contacted at (850) 488-7082l Finally, you may contact a sexual harassment attorney to prepare the Charge of Discrimination on your behalf.
Outside the state of Florida: For those who live in other states, there will probably be a state agency in each your state, and it is suggested that you investigate whether it is more advantageous to file both a state and federal charge of discrimination in your home state.